STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Complaint Filed: July 27, 2010

Trial Date: None

Plaintiff CRAIG YATES ("plaintiff"), an individual, and Defendant TURTLE TOWER RESTAURANT ("defendant Turtle Tower"), by and through their respective counsel of record, 20 hereby request and make the following stipulation:

1. Whereas, plaintiff, having not received a responsive pleading from defendant CITI PROPERTIES DE LLC, a Delaware limited liability company ("CITI PROPERTIES"), and 23 having not received any communication in response to inquiries made by plaintiff's counsel to 24 counsel for defendant CITI PROPERTIES concerning defendant's answer;

That plaintiff may file a First Amended Complaint to name WBCMT 2007-C31 Buchanan Street, Ltd. as a defendant and that the answer previously filed by defendant Turtle Tower on October 5, 2010 may serve as defendant's answer to the First Amended Complaint.

Respectfully ...

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